[Federal Register Volume 72, Number 4 (Monday, January 8, 2007)]
[Page 799]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 06-9999]



Notice of Lodging of Consent Decree Under the Clean Air Act

    Notice is hereby given that on December 21, 2006, a proposed 
Consent Decree was lodged with the United States District Court for the 
District of Columbia in the case of United States v. DaimlerChrysler AG 
and Mercedes-Benz USA, LLC, Civil Action No. 1:06CV02172.
    In this action, the United States filed a complaint alleging that 
DaimlerChrysler AG and Mercedes-Benz USA, LLC (``Defendants'') failed 
to timely file emission-defect information reports (``EDIRs'') with the 
U.S. Environmental Protection Agency, as required by 40 CFR 85.1903, 
with respect to the following emission-related defects in Mercedes-Benz 
vehicles: (1) Defects in mass the airflow sensor on certain 1998-2000 
vehicles, (2) defects in the underfloor catalytic converter on 1998-
2003 models with M112 and M113 engines, (3) defects in the fuel filler 
cap on certain 1998-2003 vehicles, (4) defects in the underhood 
catalysts on certain 1999-2001 M-class vehicles, (5) defects in the air 
pump of certain 2002-2006 vehicles, (6) defects in the fuel tank 
pressure sensor on certain 2001 vehicles, (7) defects in the ignition 
cable of certain 2001-2002 vehicles, and (8) defects in the ignition 
module of certain 2001 vehicles. The complaint seeks civil penalties 
and injunctive relief pursuant to the Clean Air Act, 42 U.S.C. 7401 et 
seq. (the ``Act'').
    The proposed Consent Decree settles the United States' claims for 
injunctive relief and civil penalties under the Act with respect to the 
violations alleged in the complaint, as well as with respect to any 
failure of the Defendants to timely file EDIRs with respect to (1) 
defects in the underhood and underfloor catalytic converters on 2000 S-
Class and C1-Class Mercedes-Benz vehicles and (2) defects in the inner 
funnel of the catalyst for certain 2004-2005 Mercedes-Benz vehicles. 
The proposed Consent Decree requires the Defendants to pay $1.2 million 
in civil penalties to the United States and to implement a Supplemental 
Emission-Related Defect Monitoring, Investigation, and Reporting 
    The Department of Justice will receive for a period of thirty (30) 
days from the date of this publication comments relating to the 
proposed Consent Decree. Comments should be addressed to the Assistant 
Attorney General, Environment and Natural Resources Division, P.O. Box 
7611, U.S. Department of Justice, Washington, DC 20044-7611, and should 
refer to United States v. Daimlerchrysler AG, D.J. Ref. 90-5-2-1-08769. 
A copy of the comments should also be sent to Donald Frankel, Trial 
Attorney, Environmental Enforcement Section, Department of Justice, 
Suite 616, One Gateway Center, Newton, MA 02458.
    The Consent Decree may be examined at the Office of the United 
States Attorney, District of Columbia, Judiciary Center Building, 555 
Fourth Street, NW., Washington, DC 20530. During the public comment 
period, the Consent Decree may also be examined on the following 
Department of Justice Web site, http://www.usdoj.gov/enrd/Consent_Decrees.html. A copy of the Consent Decree may also be obtained by mail 
from the Consent Decree Library, P.O. Box 7611, U.S. Department of 
Justice, Washington, DC 20044-7611 or by faxing or e-mailing a request 
to Tonia Fleetwood ([email protected]), fax no. (202) 514-0097, 
phone confirmation number (202) 514-1547. In requesting a copy of the 
Consent Decree from the Consent Decree Library, please enclose a check 
in the amount of $9 (25 cents per page reproduction cost) payable to 
the U.S. Treasury (if the request is by fax or e-mail, forward a check 
to the consent Decree library at the address stated above).

Karen Dworkin,
Assistant Chief, Environment Enforcement Section, Environment and 
Natural Resources Division.
[FR Doc. 06-9999 Filed 1-5-07; 8:45 am]